Insurance Adjuster ActRegulation, Licensing, and Registration
Section § 14020
This law prohibits anyone from operating or pretending to operate in a business that requires a license unless they have the proper license. It also forbids individuals from falsely claiming they work for someone who is licensed.
Section § 14021
An insurance adjuster is someone, who is not a private investigator, but takes on the task of investigating insurance claims. They work on behalf of insurance companies to gather information about claims related to various issues such as crimes, property damage, or personal injuries.
They can also help find lost or stolen property, understand a person’s behavior or character, and secure evidence for legal proceedings. Even though this section defines what an insurance adjuster does, it still allows licensed independent insurance adjusters to perform their duties for other entities.
Section § 14022
This law outlines who is exempt from certain insurance regulations. It doesn't apply to employees working solely for one employer, except in emergencies when nonlicensed adjusters must meet certain requirements. Also exempt are government officers on duty, financial rating firms, charitable organizations, attorneys doing legal work, collection agencies during debt investigations, licensed insurance professionals, owners of personal property, banks under certain jurisdictions, individuals accessing public records, and experts hired for property damage evaluations.
Section § 14022.5
If there's an emergency, nonlicensed adjusters can help with insurance claims as long as they register with the commissioner and follow specific rules. They must work under a licensed adjuster or authorized insurer and be registered within 15 days of starting. They also need to certify that they understand the rules for adjusting disaster claims.
Registration means providing details about the adjuster and when their work starts. It lasts 180 days but can be extended if needed. The department won’t check if the adjuster is an employee or contractor, and this rule doesn't apply to certain adjusters already covered by another section.
Section § 14023
Section § 14024
This law outlines the requirements for someone applying for a business license. They must provide their full name and business address, the business name, a description of the business they want to run, and the types of work they want to do. If the applicant is a business entity, they must list the names and addresses of all partners, officers, directors, and the manager. The applicant must also submit two recent photos and fingerprint sets, as well as a statement proving they have the necessary experience. Additional information may be required by the commissioner.
Section § 14025
Before someone can get a license, they need to meet certain requirements: they must be at least 18 years old, not have committed any crimes that would prevent licensing, have two years of experience in handling insurance claims, and meet any additional qualifications set by the commissioner.
Section § 14026
The commissioner can ask an applicant or their manager to prove their qualifications by taking a written or oral test, or both.
Section § 14026.5
This law explains what happens when someone who is licensed or applying for a license is found to have violated the rules. If the person has already violated rules that could lead to their license being suspended or revoked, or if there are reasons to deny their application, the commissioner can choose to give them a restricted license instead of an unrestricted one. A restricted license comes with conditions set by the commissioner and does not give the holder permanent rights to it. The commissioner can revoke or suspend a restricted license without a hearing.
If there is a hearing, it will follow specific government code procedures. The restricted license has to follow the same renewal and operation rules as an unrestricted one. This means the holder of a restricted license must comply with all applicable rules and fees.
Section § 14027
When you pay the application fee, you get one free try at the exam. If you don't pass the first time, you'll need to pay a reexamination fee each time you want to retake the exam.
Section § 14028
Before granting a license, the commissioner can deny it if the applicant fails to prove certain things. If the applicant is an individual, they must not have committed acts that would disqualify them from getting a license according to specific sections of the law.
If the applicant is a company, its managers and key officers must also be clear of such disqualifications. Additionally, they shouldn't have been involved in the denial or revocation of a license, either personally or as part of a company's leadership. They shouldn't have performed or helped with any tasks that require a license without having one.
Section § 14028.5
This law states that the commissioner can deny someone's application for a license without holding a hearing if the person has engaged in activities or crimes that justify denying a license, as outlined in another law, Section 1669.
Section § 14029
This law requires that any licensed business should be run by the licensee or a qualified manager. Any person acting as a manager needs to prove their qualifications, possibly through an examination, and demonstrate they meet specific criteria. If these criteria are not documented, the manager can't start working. If a qualified manager leaves or is no longer connected with the business, the business must inform the relevant authority within 30 days. Failure to do so may lead to license suspension, which can be remedied by filing for reinstatement and appointing a new qualified manager. Managers also need to renew their authority as specified in another related section of the law.
Section § 14030
If the person whose credentials were used to get a business license is no longer associated with the business, the business can continue to operate temporarily. How long it can operate and under what conditions will be determined by the commissioner through specific rules.
Section § 14031
When there's a hearing to decide if someone should get a license or to assess the qualifications of a license holder's manager, the hearing must follow specific rules set out in another part of the law. The person in charge, known as the commissioner, will have all the authority given by those rules.
Section § 14032
The insurance license's design and details are decided by the commissioner, following rules set in Section 164 of the Business and Professions Code.
Section § 14033
This law requires that licenses be displayed prominently in the main business location of the license holder.
Section § 14034
When a license is issued, a pocket card that proves the license is granted is given for free to individuals or persons such as managers, officers, and partners associated with the license. If someone with a card ends their relationship with the license holder, they must give the card back, and the license holder has to send it to the department within five days for cancellation.
Section § 14035
If you're licensed, you must inform the department within 30 days if you change your address or if there are changes to your business's officers or partners. Your main business location can be your home or business address, but it must have a permanent office.
New officers or partners need to submit applications using forms provided by the commissioner. If the commissioner finds that at the time someone became an officer or partner, there was an issue as described in sections 14028 or 14028.5, they can suspend or cancel the license.
Section § 14036
This law states that you cannot transfer or give your issued license to someone else.
Section § 14037
This law states that a license holder is always legally responsible for how their employees or agents, including managers and unlicensed adjusters, behave in business activities.
Section § 14038
This law details the dos and don'ts for licensees and their associates working in investigative roles. They can inform law enforcement about any crimes they discover but should disclose such information to others only as required by law or client instructions. Making false reports is prohibited, and only authorized individuals may submit reports, which should be accurate. They shouldn’t use badges or claim associations with government bodies. Entering private property requires permission, and they can't appear in certain legal proceedings like claims involving liens. All business must be conducted under the licensee's name, not employees'. Lastly, those involved in auto damage assessments shouldn't have financial ties with repair shops.
Section § 14039
This law states that insurance adjusters can't hide their financial interest in any claim-related contract they handle. They shouldn't lie or use misleading information to get someone to sign a contract with them. Also, they can't have more than a 3% financial interest in any business that profits from a claim they are adjusting or take payments from such businesses.
Section § 14040
If you work for a licensed company in certain roles, like a manager or employee, any badges or cap insignias you wear must be approved by the state insurance commissioner. Additionally, these insignias must display the company name and a unique employee number for identification purposes.
Section § 14041
This law requires every license holder to keep a record about their employees, based on information that the commissioner specifies.
Section § 14042
If you're a licensee and want to use a fictitious or other business name, you need to get written permission from the commissioner first. The commissioner won't approve names that might confuse people with government agencies or other businesses. You must also meet certain legal requirements mentioned in other sections of the Business and Professions Code before using a fictitious name. If you want to use more than one fictitious name, you need approval and will have to pay a $25 fee for each additional name or name change. If you want to switch from your real business name to a fictitious one, it costs $29.
Section § 14043
This law requires every license holder to provide the commissioner with the full address of their main business location. This includes the street name and number, or if there's no street number, the post office box number. The commissioner can also ask for additional details to identify the main business location.
Section § 14044
This law requires that any advertisement by a licensed professional must include their name, address, and license number, exactly as they are recorded by the commissioner. The commissioner has the authority to define what counts as an 'advertisement' under these rules.
Section § 14045
If you're a licensed business owner, you can't advertise or run your business from a different location other than your main office, unless you've got official permission for a branch office from the commissioner. You need to meet all the rules in this chapter and any other regulations set to make sure the public is safe. Also, you must inform the commissioner in writing within 10 days if you close or move a branch office.
Section § 14046
This law requires the California Department of Insurance to annually provide property insurance professionals with important notices about the state's significant property insurance laws, especially during declared emergencies. Licensed professionals must receive a handbook for adjusting claims in emergencies like wildfires, which counts as continuing education.
After a declared state of emergency, insurers must give policyholders the relevant notice within 15 days of a claim. Additionally, nonlicensed adjusters must understand this notice and handbook within 15 days of starting work in California.
The commissioner will make these resources available online for easy access.
Section § 14047
If you have a homeowner's insurance claim due to a state of emergency and your insurance company changes your claims adjuster several times within six months, they must provide you with a written update, a main contact person, and ways to directly reach them.
This main contact will answer your questions about your claim until it's settled or taken to court. If you need to speak with a higher-up, you should be able to easily get in touch with a manager overseeing your claim.